Bipin Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.71196 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- KIUL RAIL P.S. District- Lakhisarai ====================================================== Bipin Singh, Son of Brij Nandan Singh, Resident of Village- Kadampur, P.S. Silaw, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudish Kumar For the Opposite Party/s :
Mr.Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2019 The petitioner seeks bail in anticipation of his arrest in connection with G.R.P. Kiul P.S. Case No. 6 of 2018 dated 15.01.2018 instituted for the offences under Sections 302, 201, 34 of the Indian Penal Code. The petitioner is father-in-law of the deceased. The F.I.R has been lodged by Prabha Devi, who is mother of the deceased and has alleged that her daughter was not treated well in her matrimonial home. As against the petitioner, it has been alleged that he demanded rupees one lakh as additional dowry and also insisted upon the deceased to get herself aborted.
It has been submitted on behalf of the petitioner
Patna High Court Cr.Misc. No.71196 of 2018(3) dt.09-01-2019 2/3 that the deceased actually died after falling from a running train for which a UD case was registered by the Station Master. From the narration made in the F.I.R, it would appear that on 11.07.2017 i.e. the date on which UD case was registered, the informant had gone to the Police Station and had seen and identified the dead body. It was only thereafter that the UD case was registered. At that time also, no suspicion was raised by the informant. After about six months of the lodging of the UD case, on 15.01.2018, the present F.I.R has been lodged.
It appears that the allegations in the F.I.R are based on presumptions and conjunctures. The husband of the deceased was arrested and has been granted bail. Regard being had to the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rail, Kiul,
Patna High Court Cr.Misc. No.71196 of 2018(3) dt.09-01-2019 3/3 Lakhisarai in connection with G.R.P. Kiul P.S. Case No. 6 of 2018, subject to the conditions laid down under Section 438
(2) of the Cr.P.C.
However, it is made clear that petitioner shall participate in the investigation and in case he does not cooperate with the Investigating Agency, it would be open for the Investigating Agency to proceed for cancellation of his anticipatory bail.
(Ashutosh Kumar, J) Shageer/- U T